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Michael, Legal Consultant
Category: Family Law
Satisfied Customers: 456
Experience:  Expert witness in Federal court, won cases at State lower & appellate levels.
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Wife brings lover she is having an affair with to married ...

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Wife brings lover she is having an affair with to married couples (me and her) house and lover stays overnight in master bedroom with wife. Lover brings 5 yr old daughter. Married couple has 12 yr old son. Husband arrives home mid-morning to discover situation. Any restitution for husband? What should husband have done?
Submitted: 8 years ago.
Category: Family Law
Expert:  Michael replied 8 years ago.


I am very sorry that this happened - it sounds like it was a shocking and very upsetting situation.

While I am not sure what you mean by "restitution for husband", the answer would generally be no - there is no restitution for an adult whose spouse in engaging in an extramarital affair. The law simply does not provide for such a thing except in extreme cases where one can sue in civil court for emotional distress. This is not, however, a claim that is often successful.

What should the husband have done?

There is not much the husband needed to do right at that moment. The question is what is the couple going to do now.

They can go to marriage therapy and try to work through this situation; they can have a trial separation before deciding if they should remain together; or they can seek a divorce and settle the issues of physical and legal custody of their son along with child support and visitation either privately or through the family court system.

The options are open and depend on what the husband, in particular, wishes to do.

Please let me know if you have other questions about this.


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